Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1887-01-01

INt40 OM4tuo.
o. Friday nosnSr 4 James r. Hsv.
min, usQ., reuaeaed and ns11hod bic
Argus ene 1og ths defpuce. Assisssnt
DGtdat Attorney Brsgy thon made the
ni0vlna Atauuent for the Common
weaith, nRtshtag st - uiuises before
II o'clock. Judge Fell In UtiareinR ths
jury consumed fifteen minutes. He
said:
In the 6rss count IN this indictmsus
Waldo MeasAros 10 chss9ed with hav.
sna committed an assnuk and battery
on Mary 0oulston, and In the u oond
count with having ooD n itted IN ~
sault and battery, with intent, 30 The
ofeDsc charged In thedrst count would
be completed II, In violence or against
her viii, for m unlawful purpose, he
placed his hands upon hor.
The etaSgo In the second count involves
10 ucb more. When an attempt TO CON-
init II IL charged, IL must be shown shat
there Was an intention 70 use force and
to pessist 10 ite Use to the end Of the
accom- npllshmentof the purpose.
The occurrence alleged 10 have taken
place By the prosecution was IN the par
lor OF her house. Which izoated on =
much freQuensed public street. u 10
o'clock In the morning, In the sum mer.
Persons were on tho stopa OF the AdJoin-
ing house whom tho defendant entered
her house, and he had no information
that any OF the members Of hsr family
were away. rho shutters of tbs via
COWS were not tightly CLOSED, and the
door leading from the hall 70 tho parlor
VAS open. Auy outcry could have been
heard through the house or on the
street.
Whatever view you may take OF tho
testimony, you are, ~ regards this
count, left to inference; AID It must W.
evident to Jon that no conclusion CAD
be properly reached concerning It which
overloohs the powerful presumption
that no sane man would attempt the
commission Of such an ofiense when
confronted by the almost absolute Ger.
ta.nty Of immediate detsctiop.
Tho testimony Ia the CASE has taken
a very wide range and necessarily so,
NJ every circumstance which throws
light upon the relations OF the parties
before the occurrence becomes proper
subject OF the investigation; but the
whole inquiry hos been directed to ~.
csrtaln what t,ok place 10 the parlor Of
Mr.. Coulst0n's hcufe on the morning OF
the 2lst Of June last.
Two persons certainly know; perhaps
NO one else does. Their statements are
opposed; one of them II do.
and Wiifully false.
As the case hss been presented and
met by their testimony, either the de-
fe1dant has been guilty of m assault,
at least ~ charged 10 tho fist count,
under circumstances deepening It's dis
honor, or the prosecutrix has planned
and carried into execution and eustai ned
BY repeated perjury . scheme for his
ruin. the downright wickednoss of
which no language can express.
There 10 no escape from this conclu.
sion The conduct of both 10 brought
under investigation, and you must
Judge between them. The responsibility
could scarcely be greater II the li.e OF
one or the other depended on your O nd. :.
Ing, because It involves what should be
tearer to either than life.
The teAtlmoIey in this case covere
500 '.rJhss. 4 <..i. -yIsv ., q h- a.
~on.d serve no useiul purpose, were II
posei ble.to make IL. aud an imperfect
review might do injustice by giving
undue prominence 10 portions Of It.
You have hstened 10 II with great
attention, and have had the advantage
OF i,s thorough discussion by counsel,
Ano | shall leave II 70 you withonl
comment, further than TO call your At.
tention TO spch m stters as regard i'm
portsnt In your consideration OF IL.
II In the ordinary affairs of youI
business q question were presented In
the decision of which you would be
obliged 10 accept one and rel ct th.
other 0f two conflicting statements. you
would first consider the reasonable
nees, the inherent probability Of each.
Apply thls test 10 the testimony oi
Mrs Coulston and Mr.. Messaros, both
OF whom know the truth of this matter
As you have considered Mrs. Coul-
atoms statement your attention has been
arrested by these features. She attend
ec the church and visited the house oi
a minister who had by ips.nustlo3s re-
peGtedly made vha. che regarded NJ
susRestions OF evil to her She sat In
hie church on Sunday, June Goth, and
70 teeivsd him alone IN her house, Ia a
friendly way, ON Monday, june 2lst,
after he had on the Saturday night pre-
Uious, In words, plainly declared his
evil purpose. -Four persona were brought
10 her mousse to protect her, in case she
should then desire II, from his words,
and to witness what she nigh say 70 q
man whom she chose to meet alone.
The assault was made ut q time and
place when II was evident to any one
that her ontcry would bring assis anoe
and was persisttd iD after her screams,
dptil the parties In the house came into
the room.
After the sssaulf she at ouce left the
boIse to teek an officer, and without re
entering IL went directly to the Office OF
msg'htrate IN q distant and most pub
lie part of the city and invited the
newspapers 10 give rabl,city to the oc-
cntrt nce, which 10 any but The most in
delicste nat have teen u suarcs OF
sorrow and humiliation.
W ben you examine the statement OF
he defendant you Gnd from 1t that ht
3fnrcsied Mre. Coulsion from the time
she entered his church four years be.
InIe that his distrust increas ed until he
believed that she and her hus band wer.
not oniy unworthy OF confidence, bu,
that they had been guilty of most seri.
Gus crimes In the early part CT the
ear hn knew OF the open h0stiliiy OF
hr one, and Of the, TO MIN, .qu. ally
Dan g6rous iufatuattOn OF the other. Ia
April he had conclusive evidence OF aH
attt mpt by nrs OOulston to ruin his
reputation, and By both 70 drive him
from his church; yet he maintained TO
them throughout a relation of Intimacy
and apparent friendliness. allowed
them to continue In prominent and re-
sponsihls positions in his church and
sunday school, received Mrs. C0ulstop
at his bouse, and on the 21st OF june
called on her alone 1t her house.
winch OF these statements is the
'nn.t probable, the most rsas pnabis?
Which can you accept, and which must
you reject? Coordination of either
statement still leaves their testimony
your only Puide AZ TO what occurred
when they were alone.
rhese statements are the hases of the
charge aud tho answer. You cannot
rid them Of the features of which l
hare spoken, and 10 every eoasidera
ticb OF the testimony your att. ntion re.
NJ ~ In IN n a N